Child Support Application Disputes

Child support is financial support paid to a parent who has custody over a child or children ( custodial parent) by the other parent who does not have custody (non-custodial parent). If a person is established as a legal parent of a child, that person must support the child. It is considered a crime for a legal parent to fail to support their child. A legal parent also has the right to seek custody rights related to the child.

As an example, the Maryland court addresses the issue of child support when:

• Either the mother or the father of a married couple files a Complaint for Child Support as part of a Complaint for a
• Divorce or files a Petition for Custody and Support of Minor Children’s Actions; or
• Either the mother or the father from an unmarried couple files an action to establish the parental relationship or files a Petition for Custody and Support of Minor Children; and
• The Maryland Child Support Enforcement Program at the Maryland Department of Human Resources may also initiate action about child support issues.

Keep in mind that there is no legal obligation to pay child support from one parent to the other until a court order is issued. The support order may include childcare expenses, health insurance coverage, medical expenses, educational expenses, and travel expenses.

Furthermore, a parent must pay child support until the child turns 18 or graduates high school, whichever is later. Child support ends at age 19 or when the child is emancipated.

Disputes regarding child support applications can arise when there are problems between the parents regarding the amount or who will make the payments. For instance, New York law states that a child should be supported by both parents. The Law Department assists local and out-of-state custodial parents in establishing an order of support from the non-custodial parent. A child support order in New York is based on both parents’ ability to provide support.

Moreover, a New York State law commonly referred to as the Child Support Standard Act (CSSA) establishes a formula that the court will apply in most cases. However, if the case is sent to the state where the non-custodial parent resides, the law of that state will apply.

If you are the custodial parent and live in NYC and the non-custodial parent lives in another state you may file a petition for child support in one of the local Family Courts.

Lastly, it will be necessary to determine if the New York court has jurisdiction to hear the case. The staff at the courthouse will inquire questions to determine if you can file your case in New York. If the case is filed in New York City, the Law Department will arrange for the child’s non-custodial parent to be served with notice of the court proceeding.

If the case is going to be sent to another state, the Law Department will assist you in completing the required paperwork and will send the case to the other state on your behalf. It will be handled in court by the child support agency in the state where the non-custodial parent lives. In most instances, the order of support will date back to the filing date of the case.

How are Child Support Orders Enforced?

Most parents pay child support as ordered. But, in situations where parents do not meet their obligations, child support offices enforce the support orders on full-service cases. If you cannot pay your child support, contact your county child support worker immediately to ask about modifying your order, setting up a payment agreement, or other options to avoid enforcement actions.

Keep in mind that cases must meet certain criteria before the child support office takes enforcement action. For example, in Minnesota, typically, a child support policy allows enough time for you to get proper notice with options to pay the past due amount, called arrears, or to set up a payment agreement. Some enforcement actions take time, and not all actions are appropriate for every case. The child support office and the county attorney review the case and the likelihood of success before taking some actions.

These actions may include:

• Contempt proceedings for non-payment of support;
• Credit bureau reporting;
• Federal criminal prosecution;
• Levy or seizure of financial assets;
• Passport holds;
• Student grant holds; and
• License suspension.
  • Driver’s license
  • Occupational license
  • Recreational license
  • Tax refund offsets (intercepts)

What is Required for a Child Support Application Dispute?

Depending on which state you reside in, there will be information that is required and optional to process the child support application dispute. For instance, in the state of Texas Child Support Agency, the following is considered mandatory information needed to start the application process:

• Information about you: Date of birth. Current physical and mailing addresses;
• Information about the Biological Parent: First and Last name, Relationship to the child(ren), Date or year of birth, and current physical and mailing addresses;
• Information about the child(ren): First and last name, Date of birth or expected due date, With whom the child live,
• Name of the child’s mother or father, and Relationship to the child; and
• The current relationship between the mother and father of the children.

Optional information for the child support application may include;

• Attorney’s name and address;
• Social Security number;
• Driver’s License number;
• Current or previous employer name, address, and phone number;
• Previous marriage information;
• Marriage Ceremony information; and
• Information about any other men that could be the father of the child(ren).

Furthermore, the Office of Child Support Services in Rhode Island states that any parent or guardian of a child may complete an application for child support services. There is a $20.00 fee for non-public assistance cases. Those parents or guardians receiving benefits from the RI (Rhode Island) Works, TANF, benefits, or state medical assistance will have their case referred automatically to this agency. Once the case has been referred, it will be a full-service case, and a “Welcome Letter” will automatically be mailed to both the custodial and non-custodial parent.

According to the state regulations, families receiving any state assistance are required to cooperate with the agency or face a reduction in their benefit amount. The child support agency will assist a case that has a full-service level with:

• Locating the non-custodial parent;
• Establishing parentage; and
• Establishing a child support and/or medical order and enforcement of the order.

If receiving state assistance, you may only be permitted to receive the first $50.00 of child support payments received as a bonus or disregard payment for cooperating with this agency.

Parents who are not receiving RI Works benefits retain all child support collected. You will also be required to provide important documents such as the child’s birth certificate, any court orders that pertain to the child, and any information regarding the location of the non-custodial parent.

When Do I Need to Contact a Lawyer?

If you are facing a child support application dispute in your state, it is recommended to reach out to a local child support attorney to assist you. Each state varies in its procedures and regulations as stated above, therefore it is important to research your local state’s guidelines.